§ 11.3. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise or unless the governing statue, as amended, amends the meaning.
Armed Forces of the United States—As defined at 10 U.S.C. § 101(a)(4).
Bureau—The Bureau of Veterans Programs, Initiatives, Reintegration and Outreach of the department.
Department—The Department of Military and Veterans Affairs of the Commonwealth.
Eligible relative of an eligible service member—As conforms to 51 Pa.C.S. § 7319(j) (relating to military family relief assistance), means the dependent spouse or dependent child of the eligible service member or, in the case of applicants for financial assistance to visit a hospitalized service member, the service member’s spouse, parent, sibling or child. An eligible relative must be a resident, domiciliary, of this Commonwealth at the time of application for assistance. An otherwise eligible relative may retain eligibility if absent from the Commonwealth accompanying the eligible service member to military duty in another state or country.
Eligible service member—As conforms to 51 Pa.C.S. § 7319(j), means any of the following:(i) A member of the Armed Forces of the United States or its reserve components, including the Pennsylvania National Guard, who is serving on active duty authorized under 10 U.S.C. or 32 U.S.C., other than active duty for training, for a period of 30 or more consecutive days.
(ii) A member of the Pennsylvania National Guard serving on State active duty, authorized under 51 Pa.C.S. § 508 (relating to active duty for emergency), for a period of 30 or more consecutive days.
(iii) A member in good standing of any reserve component of the Armed Forces of the United States, including the Pennsylvania National Guard, for a period of 3 years after release from a tour of active duty, authorized under 10 U.S.C. or 32 U.S.C., other than active duty for training, of 30 or more consecutive days duration when the need for assistance is directly related to the circumstances under § 11.8 (relating to effective date).
(iv) A member in good standing of the Pennsylvania National Guard for a period of 3 years after release from a tour of State active duty, authorized under 51 Pa.C.S. § 508, of 30 or more consecutive days duration when the need for assistance is directly related to the circumstances under § 11.8.
(v) A former member of the Armed Forces of the United States or its reserve components, including the Pennsylvania National Guard for a period of 4 years after discharge if:
(A) The member was discharged for medical reasons arising out of the member’s military service.
(B) The medical disability that resulted in the member’s discharge was incurred in the line of duty and was not the result of misconduct.
(C) The medical condition giving rise to the discharge did not exist prior to the member entering military service.
(D) The medical disability was incurred while the member was serving on active duty, other than active duty for training, or State active duty, for a period of 30 or more consecutive days.
(E) The former member received an honorable or under honorable conditions discharge for medical reasons.
(F) The need for assistance is directly related to the former member’s military service, to exigent circumstances beyond the eligible member’s control, or to a disability incurred in the line of duty.
Exigent circumstances—As conforms to 51 Pa.C.S. § 7319(j), means emergency or extraordinary situations or conditions resulting in an eligible service member being unable to provide the necessities of living for the member or the member’s dependents due to factors beyond the member’s control. The term includes, but is not limited to, natural or manmade disasters, loss of home, loss of employment, disability, or serious illness or injury.
Program—The Commonwealth’s Military Family Relief Assistance Program (MFRAP).
Qualifying period of military service—Active duty, other than active duty for training, of a duration of 30 or more consecutive days or State active duty authorized under 51 Pa.C.S. § 508 for a duration of 30 or more consecutive days.
Resident of Pennsylvania—As conforms to 51 Pa.C.S. § 7319(j), means:(i) An individual who is domiciled in this Commonwealth. The individual must either physically reside in this Commonwealth or be absent from this Commonwealth under military orders. An individual’s spouse or dependent who is domiciled in this Commonwealth who is stationed in another state or country shall qualify under the program as a resident of this Commonwealth so long as the person does not become domiciled in another state.
(ii) An individual who qualifies under the definition of ‘‘Resident Individual’’ in section 301(P) of the act of March 4, 1971 (P.L. 6, No. 2), known as the Tax Reform Code of 1971.
VSO—Veterans services officers.
Cross References This section cited in 43 Pa. Code § 11.5 (relating to adjudication procedures).
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